Mediator Strategies in New Zealand: The Views of the Mediated

Abstract

Mediation is a process in which an impartial neutral (or a chairman with no right of decision) assists the disputants in settling their differences. The mediator's role is to facilitate voluntary agreements by the parties themselves; the parties' final decision is their own and not the mediator's. A mediator (and, for that matter, a conciliator in a dispute of interest) tries to persuade the disputants to reach a voluntary agreement by using strategies that fall short of outright arbitration. Because the philosophy and practice of mediation tend often to be misunderstood, this paper examines some of these strategies and the importance attached to them by employers and union officers. It offers some insight into what industrial relations practitioners consider to be the strategies most likely to lead to successful mediation.